dismissed EB-2 (NIW)

Entrepreneur And A Financial Manager

Finance And Entrepreneurship · Colombia · 2024-07-04

Decision Date
2024-07-04
Location
New Jersey
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The Petitioner intends to operate a business in New Jersey providing financial advice and business formation trainings to entrepreneurs and microentrepreneurs, specifically targeting women heads of household. The work aims to catalyze economic expansion by empowering small business owners and facilitating efficient capital allocation.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but the Petitioner failed to demonstrate its national importance or potential for substantial positive economic effects.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the Petitioner was not well-positioned, and the AAO did not find it necessary to provide further analysis.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Petitioner did not establish that a waiver would benefit the United States on balance.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. While the business plan projected hiring 15 employees and 15 contractors, there was no corroborating evidence of significant economic impact, and expert letters from former colleagues lacked specific details on methodologies or industry-wide influence.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-04.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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